BILL NUMBER: AB 346	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009
	AMENDED IN ASSEMBLY  MARCH 24, 2009

INTRODUCED BY   Assembly Member Torlakson
   (Coauthor: Assembly Member Solorio)

                        FEBRUARY 19, 2009

   An act to amend Sections 17077.40  , 17077.42, and
17077.45   and 17077.42  of the Education Code,
relating to joint-use school facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 346, as amended, Torlakson. Joint-use school facilities.
   (1) Existing law authorizes the State Allocation Board to provide
a grant to fund joint-use projects to construct facilities on
kindergarten and grades 1 to 12, inclusive, schoolsites if the school
district demonstrates that the project meets specified criteria.
Eligibility for a joint-use grant is conditioned upon, among other
things, demonstration by a school district that (a) it has entered
into a joint-use agreement with a specified joint-use partner that
specifies the amount of the contribution to be made by the school
district and the joint-use partner toward the 50% local share of
eligible project costs, and (b) the joint-use partner has agreed to
contribute at least 25% of eligible project costs, except as
provided.
   This bill would authorize the board to provide a grant to fund a
joint-use project on property that is adjacent to a schoolsite and
owned by a governmental entity, as defined. The joint-use agreement
would be required to provide that the land would be leased to the
school district for a period that reflects the useful life of the
facility to be constructed.
   The bill would expand the types of projects that would be eligible
to be built using grant funds. Those projects would include a child
health and wellness clinic, career technical building or shop,
science and technology laboratory, science center with exhibits or
educational programs that meet current state content standards,
historical or cultural education center with exhibits or educational
programs that meet current state content standards, performing arts
center,  and  physical education and outdoor recreation site
development  , and parking facility  .
   (2) Existing law requires the joint-use agreement to specify the
amount of the contribution to be made by the school district and the
joint-use partner toward the 50% local share of eligible project
costs.
   The bill would authorize a school district to include, as part of
the local contribution, the value of land or real property upon which
the joint-use project is to be built if the school district owns the
land or real property and did not pay for it or acquire it with
state funds or the school district does not own the land or real
property, but it will be given to the district. A portion of the
contribution of a joint-use partner, up to 10% of eligible project
costs, would be authorized to include equipment with an average
useful life expectancy of at least 10 years.
   This bill also would require a joint-use agreement to ensure that
the school district maintains priority for use of the facilities
constructed and provide that the facility will be a public facility
with access to the facility guaranteed for public use. 
   (3) Existing law requires the State Allocation Board to establish
standards for determining the amount of the supplemental grant
funding to be made available for each joint-use project. A
supplemental grant for certain joint-use projects may be provided
without regard to the existence of per-pupil eligibility and may be
expressed on a per-square-foot cost basis, on a per-pupil cost basis,
or on a per-project cost basis. 
   This bill would limit the amount of these supplemental grants to
$1,250,000 per project per elementary schoolsite, $1,875,000 per
middle schoolsite, and $2,500,000 per high schoolsite. 

   (4) 
    (3)   This bill would become operative only if
the voters approve a statewide general obligation bond act for the
purpose of providing aid to school districts to construct and
modernize educational facilities at a statewide election on or after
January 1, 2010.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17077.40 of the Education Code is amended to
read:
   17077.40.  (a) With funds made available for the purposes of this
article, the board may provide a grant to fund joint-use projects to
construct facilities on schoolsites that offer instruction in
kindergarten and grades 1 to 12, inclusive, or on property that is
adjacent to the schoolsite and owned by a governmental agency, as
defined in paragraphs (2) and (3) of subdivision (f) of Section 4420
of the Government Code. A joint-use agreement to construct facilities
on land owned by a governmental agency shall provide that the land
will be leased to the school district for a time period that reflects
the useful life of the facility constructed.
   (b) A school district may apply to the board for funding under
this article for a project that meets any of the following criteria:
   (1) The joint-use project is part of an application for new
construction funding under this chapter and will increase the size or
extra cost associated with the joint use of the proposed
multipurpose room, gymnasium, library, child care facility, child
health and wellness clinic, career technical building or shop,
science and technology laboratory, science center with exhibits or
educational programs that meet current state content standards,
historical or cultural education center with exhibits or educational
programs that meet current state content standards, performing arts
center, physical education and outdoor recreation site development,
 parking facility,  or teacher education facility
beyond that necessary for school use.
   (2) The joint-use project proposes either to reconfigure existing
school buildings or construct new school buildings, or both, to
provide for a multipurpose room, a gymnasium, a library, a child care
facility, child health and wellness clinic, career technical
building or shop, science and technology laboratory, science center
with exhibits or educational programs that meet current state content
standards, historical or cultural education center with exhibits or
educational programs that meet current state content standards,
performing arts center, physical education and outdoor recreation
site development,  parking facility,  or a teacher
education facility, and the project will be located at or adjacent to
a school that does not have the type of facility for which funds are
requested or the existing facility is inadequate.
   (3) The joint-use project proposes either to reconfigure existing
school buildings or construct new school buildings, or both, to
provide for facilities to improve pupil academic achievement, and the
plans for the facility were accepted for review and approval by the
department prior to January 1, 2004.
  SEC. 2.  Section 17077.42 of the Education Code is amended to read:

   17077.42.  In order to be approved for a grant under this article,
the applicant school district shall demonstrate that it has complied
with all of the following:
   (a) The school district has entered into a joint-use agreement
with one of the following or a combination of any of the following:
   (1) A governmental agency.
   (2) A public community college, a public college, or a public
university.
   (3) A nonprofit organization approved by the board.
   (b) The joint-use agreement specifies the method of sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of the pupils will be ensured.
   (c) (1) The joint-use agreement specifies the amount of the
contribution to be made by the school district and the joint-use
partner toward the 50-percent local share of eligible project costs.
   (2) A school district may include, as part of the local
contribution for the joint-use project, the value of land or real
property upon which the joint-use project is to be built if either of
the following conditions exists:
   (A) The school district owns the land or real property and did not
pay for or acquire the land or real property with state funds.
   (B) The school district does not own the land or real property,
but will be given the land free of charge.
   (3) The contribution made by a joint-use partner shall be no less
than 25 percent of eligible project costs, unless the school district
has passed a local bond which specifies that proceeds of sale of the
bonds are to be used for joint-use projects, in which case the
school district may opt to provide up to the full 50-percent local
share of eligible costs.
   (4) A portion of the contribution of a joint-use partner, up to
but not exceeding 10 percent of eligible project costs, may include
equipment with an average useful life expectancy of at least 10 years
if this contribution is included as part of a career technical
education joint-use project application.
   (d) The school district demonstrates that the facility will be
used to the maximum extent possible for both school and community
purposes, or both school and higher education purposes, as
applicable.
   (e) The joint-use agreement ensures that the school district
maintains priority for use of the facilities constructed.
   (f) The joint-use agreement provides that the facility will be a
public facility with access to the facility guaranteed for public
use.
   (g) (1) The project application qualifies for funding under
paragraph (1) of subdivision (b) of Section 17077.40 and the school
district has received all approvals necessary for apportionment under
this chapter.
   (2) The project qualifies for funding under paragraph (2) or (3)
of subdivision (b) of Section 17077.40 and the school district has
completed preliminary plans for the project and has received State
Department of Education approval of the plans. 
  SEC. 3.    Section 17077.45 of the Education Code
is amended to read:
   17077.45.  (a) (1) The board shall establish standards for
determining the amount of the supplemental grant funding to be made
available for each project under this article.
   (2) For a project application qualifying for funding under
paragraph (1) of subdivision (b) of Section 17077.40, the
supplemental grant shall be in the form of an adjustment to the
per-pupil eligibility of the project. This per-pupil eligibility
adjustment shall be calculated to cover costs associated with the
project that are uniquely related to the joint-use nature of the
project, including, but not limited to, any increased costs
associated with planning the joint-use aspect of the project.
   (3) For a project application qualifying under paragraph (2) or
(3) of subdivision (b) of Section 17077.40, the supplemental grant
may be provided without regard to the existence of per-pupil
eligibility pursuant to this chapter, and may be expressed on a
per-square-foot cost basis, on a per-pupil cost basis, or on a
per-project cost basis.
   (4) A grant awarded pursuant to paragraph (3) shall not exceed one
million two hundred fifty thousand dollars ($1,250,000) per project
per elementary schoolsite, one million eight hundred seventy-five
thousand dollars ($1,875,000) per project per middle schoolsite, or
two million five hundred thousand dollars ($2,500,000) per project
per high schoolsite.
   (b) Notwithstanding any other provision of this chapter, project
costs may exceed the standards established by the board pursuant to
subdivision (a) only if the excess is paid completely by local or
joint-use partner sources.
   (c) On July 1 of each year, the board shall apportion to
qualifying applicant school districts those funds that it determines
are available for the purpose of this article. The board shall not
release funds to a qualifying applicant until the project plans have
received all approvals required pursuant to this chapter, including,
but not limited to, the approval of the Division of the State
Architect. If the project does not receive all necessary plan
approvals within one year of the date of the apportionment, the board
shall rescind the apportionment.
   (d) If the total funding for the purposes of this article is not
sufficient to fund all of the joint-use projects for funding under
this article, the board shall first fund projects eligible under
paragraphs (1), (2), and (3) of subdivision (b) of Section 17077.40
in that order. The board may establish other priority standards
within that order, as necessary.
   (e) Except as expressly provided in this article, projects funded
pursuant to this article shall comply with all other requirements of
this chapter, except for Article 11 (commencing with Section
17078.10), which shall apply only to projects under this article if
they also qualify for funding under Article 11 (commencing with
Section 17078.10). 
   SEC. 4.   SEC. 3.   This act shall
become operative only if the voters approve a statewide general
obligation bond act for the purpose of providing aid to school
districts to construct and modernize educational facilities at a
statewide election on or after January 1, 2010.